On September 24, 2019, shortly after witnessing Manley Johnson leave Appellant Maurice Bailey’s home, Kannapolis, North Carolina police officer Jeremy Page discovered 0.1 grams of cocaine base during a search of Johnson’s vehicle. Officer Page then confronted Bailey about the cocaine sale and instructed him to turn over any drugs still in his possession. In return, Officer Page assured Bailey that he was “going to take it and ․ leave,” and everything would still be “squared away.” J.A. 112. As he later testified, Officer Page expected that Bailey would assist him in future investigations. Prompted by Officer Page’s offer, Bailey handed over 0.7 grams of cocaine base.
In the following weeks, Bailey helped Officer Page locate and arrest an individual for whom the police had an outstanding warrant but did not otherwise aid in Officer Page’s investigations. Then, on November 7, 2019, Officer Page obtained two warrants for Bailey’s arrest: one for the 0.1 grams Bailey sold to Johnson on September 24, and one for the 0.7 grams Bailey turned over that same day. In the process of executing those warrants, Kannapolis police discovered 17.8 grams of cocaine base on Bailey’s person, which led to Bailey’s prosecution for possession with intent to distribute cocaine.
Bailey unsuccessfully moved to suppress the 17.8 grams of cocaine and was convicted of the charge. On appeal, Bailey argues that the district court should have granted his suppression motion because his arrest constituted a breach of Officer Page’s September 24 promise that all would be “squared away.” Because the district court failed to make the factual findings necessary to resolve this argument, we vacate its decision denying Bailey’s motion to suppress and the judgment of conviction and remand for proceedings consistent with this opinion.
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In all such contexts, therefore, where an individual fulfills his obligations under the agreement, “settled notions of fundamental fairness” may require the government “to uphold its end of the bargain,” too. Carrillo, 709 F.2d at 37. To hold otherwise would rubberstamp a police practice that stands to undermine “the honor of the government” and “public confidence in the fair administration of justice.” Carter, 454 F.2d at 428.
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Full case here: UNITED STATES v. BAILEY (2023), https://caselaw.findlaw.com/court/us-4th-circuit/114625754.html
Anton Vialtsin, Esq.
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